§ 10-87. Enforcement and penalties.

(a)

Any violation of this article may be punished as provided in section 1-9 of the Marion County Code. In addition, the county may bring a civil action in any court of competent jurisdiction to enforce or administer this article including seeking a temporary or permanent injunction or appointment of a receiver when it has reasonable cause to believe that a title loan lender is operating in violation of this article. The county shall be entitled to an award of costs and reasonable attorney's fee, including appellate fees and costs, in an action successfully enforcing the terms of this article.

(b)

In addition to any civil remedy available to the county under this article, the violation of any part of this article shall be a second degree misdemeanor punishable in the manner provided by general Florida law.

(c)

A recipient/borrower of a title loan transaction may bring a civil action against a title loan lender violating the provisions of this article in a court of competent jurisdiction of the county. Upon adverse adjudication, the defendant shall forfeit the entire interest so charged or contracted to be charged and shall be liable to the borrower of two (2) times the original loan amount, together with court cost and attorneys fees incurred by the borrower. If the court finds that the suit fails to raise a justiciable issue of law or fact, the defendant shall be entitled to an award of court costs and reasonable attorney's fees incurred by the defendant.

(Ord. No. 99-33, § 2, 10-5-99)